Category: Employment

National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others: EAT 25 Mar 1994

Citations:

[1994] UKEAT 905 – 93 – 2503

Links:

Bailii

Cited by:

See Also – National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others EAT 2-Nov-1994
EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.209783

Dixon Stores Group v Arnold: EAT 23 Feb 1994

The company appealed against a finding that the time for lodging of the claimant’s claim for unfair dismissal should be extended and in particular whther it had been reasonably practicable to lodge his claim in time.

Judges:

Harhrove QC

Citations:

[1994] UKEAT 772 – 93 – 2302

Links:

Bailii

Employment

Updated: 19 June 2022; Ref: scu.209694

Burgess v Bass Taverns Ltd: EAT 2 Feb 1994

The Tribunal was asked whether the appellant was acting in the course of being a trade union representative at the time when he was dismissed. There was a finding that he was unfairly dismissed but the Appellant complained there had been no finding that the principal reason for his dismissal was that he had taken part in the activities of an independent ‘at an appropriate time’ and in the circumstances such dismissal was unfair.
Held: Having regard to the provisions of Section 152, to which we have referred, this might not be an artificial dismissal for trade union reasons but what the Appellant was doing at the time was acting in a trade union capacity in a way which protected him under Section 192 against dismissal.

Judges:

D M Levy QC

Citations:

[1994] UKEAT 409 – 93 – 0202

Links:

Bailii

Statutes:

Trade Union & Labour Relations (Consolidation) Act 1992 152 192, Employment (Protection and Consolidation) Act 1978 58

Cited by:

Appeal from – Burgess v Bass Taverns Ltd CA 31-Mar-1995
The appellant had been a ‘trainer manager’ involving presentations at induction courses. He was also a shop steward of a recognised trade union. At the induction course he was also permitted to give a presentation about the union. At the particular . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.209685

Al Samarrae v Dan-Air Engineering Ltd: EAT 22 Feb 1994

Citations:

[1994] UKEAT 583 – 92 – 2202

Links:

Bailii

Citing:

Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.209676

Soros and Another v Davison and Another: EAT 24 Jan 1994

The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked whether breach of a post termination obligation of confidentiality to be implied into the contract of employment, could be relevant to the assessment of compensation for unfair dismissal under section 74(1).
Held: It was not permissible for a Tribunal to take into account under s. 123(1) of the 1996 Act (any more than under s. 123(6)), conduct occurring after the dismissal

Judges:

Tudor Evans J

Citations:

[1994] UKEAT 22 – 92 – 2401, [1994] ICR 590

Links:

Bailii

Statutes:

Employment Rights Act 1996 123

Cited by:

Cited – Cumbria County Council and Another v Bates EAT 13-Aug-2013
cumbria_batesEAT2013
EAT UNFAIR DISMISSAL – Compensation
The Claimant was employed by the First Respondent as a teacher at Dowdales School. He was found to have been unfairly dismissed. Post dismissal he was convicted of common . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.209666

Boyo v London Borough of Lambeth: EAT 4 Dec 1995

Judges:

Mummery P J

Citations:

[1995] UKEAT 1056 – 95 – 0412

Links:

Bailii

Citing:

See Also – Boyo v London Borough of Lambeth CA 8-Mar-1994
An employee dismissed by his employer’s act of repudiation of the contract, is entitled to receive money in lieu of notice as well as compensation for a reasonable period for carrying out the appropriate disciplinary procedure.
Ralph Gibson LJ . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 June 2022; Ref: scu.209566

Taylor v H Backhouse (Baker St) Ltd: EAT 29 Nov 1995

Citations:

[1995] UKEAT 900 – 94 – 2911

Links:

Bailii

Citing:

Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.209548

Milanese v Leyton Orient Football Club Ltd (Costs): QBD 26 May 2016

Costs following dismissal of claim.

Judges:

Whipple L

Citations:

[2016] EWHC 1263 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Milanese v Leyton Orient Football Club Ltd QBD 26-May-2016
The claimant sought damages alleging his wrongful dismissal as director of the defendant football club. . .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 19 June 2022; Ref: scu.564925

Cavanagh and Others v Secretary of State for Work and Pensions: QBD 13 May 2016

Part 8 claim brought against the Defendant by two of its employees, Mr Cavanagh and Ms Williams, and by their trade union, the Public and Commercial Services Union. The main issues were whether, the Claimants having opted to have their subscriptions to the PCS deducted from their salary and paid by the Defendant to the PCS, had a contractual right to insist that the Defendant continue with that arrangement, and whether, if they had, the PCS, which was not a party to their contracts of employment, could enforce that right under the 1999 Act.

Judges:

Elisabeth Laing DBE J

Citations:

[2016] EWHC 1136 (QB)

Links:

Bailii

Statutes:

Contracts (Rights of Third Parties) Act 1999

Jurisdiction:

England and Wales

Contract, Employment

Updated: 19 June 2022; Ref: scu.564500

Milanese v Leyton Orient Football Club Ltd: QBD 26 May 2016

The claimant sought damages alleging his wrongful dismissal as director of the defendant football club.

Judges:

Whipple J

Citations:

[2016] EWHC 1161 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Milanese v Leyton Orient Football Club Ltd (Costs) QBD 26-May-2016
Costs following dismissal of claim. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.564924

Ormsby v the West of England Shipowners Insurance: EAT 8 Nov 1995

Citations:

[1995] UKEAT 1156 – 94 – 0811

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.209522

Caruana v Manchester Airport Plc: EAT 14 Nov 1995

Citations:

[1995] UKEAT 687 – 94 – 1411

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Caruana v Manchester Airport Plc EAT 12-Sep-1996
It was sex discrimination for an employer to fail to renew a short term contract because of the pregnancy of the worker. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.209465

Staffordshire County Council v Barber: EAT 20 Oct 1995

Judges:

Mummery J P

Citations:

[1995] UKEAT 1165 – 94 – 2010

Links:

Bailii

Cited by:

Appeal from – Barber v Staffordshire County Council CA 29-Jan-1996
A dismissal of a claim without consideration by the tribunal created an issue estoppel. Issue estoppel rules apply equally to Industrial Tribunal decisions as elsewhere. Redundancy claim once withdrawn on one ground could not be revived on another. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.209428